Legal Opinion
Valot v. Allcity Insurance
Civil Court of the City of New York
Decided April 14, 1986PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
William Ritholtz, J.
Where a defendant at a compulsory arbitration hearing appears only by its attorney, does defendant’s nonappearance constitute a default, thereby depriving it of the right to a trial de novo?
This is a motion to vacate defendant’s demand for a trial de novo. Correspondingly, defendant cross-moves for said trial de novo. Plaintiff commenced this action to recover damages due to defendant’s alleged breach of an insurance contract to pay for a loss by theft of plaintiff’s automobile.
Pursuant to 22 NYCRR 28.12 (a), any party not in default may, within 30 days…
2Cases cited4 opinions
- Bayer v. Ras, New York County Courts1972
- Statom v. Lumbermens Mutual Casualty Co.Appellate Terms of the Supreme Court of New York · 1980
- First National Bank & Trust Co. v. Classic Collateral Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Honeywell Protection Services v. Tandem Telecommunications, Inc.Civil Court of the City of New York · 1985
3Cited by3 opinions
- San-Dar Associates v. AdamsAppellate Terms of the Supreme Court of New York · 1996
- Brooklyn Caledonian Hospital v. CintronCivil Court of the City of New York · 1990
- Wugalter v. Constable Merchandising Corp.Civil Court of the City of New York · 1998